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NY criminal code, sentecing guidelines in NY for 3rd degree aggravated unlicensed operationof vehicle

Hudson, NY |

what would i be sentenced to for 3-aggravated unlicensed operation of a vehicle

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Posted

Your question is imprecise. I cannot figure out if this is the third time you have been arrested for AUO 3s or do you have an AUO with 3 prior suspensions, or are you charged with AUO in violarion of 511 (3)? I have set out the rules and penalties below, No matter what your charge I strongly suggest you take this seriously and see a lawyer who may be able to keep you out of jail and stop you from getting a criminal record or making the one you have worse.

"Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (VTL 511 (1)): A person may be charged with aggravated unlicensed operation of a motor vehicle in the third degree, a misdemeanor, when such person operates a motor vehicle while knowing or having reason to know that such person’s license or privilege of operating a motor vehicle is suspended or revoked. The penalty is a fine of $200-$500 or up to thirty days in prison, or both.

· Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree (VTL 511 (2)): A person may be charged with aggravated unlicensed operation of a motor vehicle in the second degree, a misdemeanor, when such person operates a motor vehicle while knowing or having reason to know that such person’s license or privilege of operating a motor vehicle is suspended or revoked due to failure to submit to a chemical test, mandatory suspension due to a pending DWI prosecution, or three or more suspensions in effect. The penalty is a fine of $500 to $1,000, and seven to 180 days in prison or probation.

· Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree (VTL 511 (3)): A person may be charged with aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, when such person operates a motor vehicle while knowing or having reason to know that such person’s license or privilege of operating a motor vehicle is suspended or revoked, and either operates the motor vehicle while intoxicated or has in effect ten or more suspensions. The penalty is $500-$5,000 or up to four years in prison, or probation."

Good Luck.

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Posted

Just to add to Mr. Colleluori's correct response, it is nearly impossible for an attorney to answer the"What will Iget as a sentence" question because many factors come into the process. It is a fact that some judges are harsher sentencers than others; that some prosecutors may take a harder stance than others and demand jail time while others may consent to probation; there may be mitigating factors to explain the suspension; what is the defendant's prior criminal and traffic record;etc etc. My suggestion would be to find a local qualified practitioner who knows the courts in Hudson County. Most criminal defense practitioners will provide a free consultation. Contact your local Bar Association or use AVVO to try and find one in your area.

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Posted

It's really critical to understand what you've been charged with and whether or not you have any previous AUO convictions. In general, AUO3 (Agg. Unlicensed Operation 3rd degree-violation of VTL 511.1) is a difficult charge to prosecute in NYS. A decision from the Court of Appeals (NYS highest court) a couple of years ago has made it almost impossible to prosecute AUO3 without someone from NYS DMV being available to testify for the prosecution. Given that this is the most commonly charged motor vehicle misdemeanor, NYS DMV doesn't have nearly enough resources to provide the needed personnel to testify. Unless you've had a series of AUO arrests and/or convictions, most prosecutors will reduce this charge to a similar, but non-criminal offense (a simple traffic violation) as long as you have cleared up whatever was the underlying cause of the suspension of your license.

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